Legal Opinion

Holmes v. State

Court of Criminal Appeals of Oklahoma

Decided December 11, 1911No. A-1173PublishedCited by 57 opinions

Appeal from District Court, Oklahoma County; W. R. Taylor, Judge. James Holmes was convicted of "murder, and appeals. On the 3d day of April, 1911, in the district court of Oklahoma county, the following verdict was returned against appellant : “We, the jury, drawn, impaneled, and sworn in the above-entitled cause, do upon our oaths find the defendant, James Holmes, guilty of murder in the manner and form as charged in the Information, and fix his punishment at death.

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Appeal from District Court, Oklahoma County; W. R. Taylor, Judge. James Holmes was convicted of "murder, and appeals. On the 3d day of April, 1911, in the district court of Oklahoma county, the following verdict was returned against appellant : “We, the jury, drawn, impaneled, and sworn in the above-entitled cause, do upon our oaths find the defendant, James Holmes, guilty of murder in the manner and form as charged in the Information, and fix his punishment at death. T. I). Turner, Foreman.” On the 24th day of April, 1911, sentence of death was pronounced against the defendant by the court…

1Opinion of the CourtFurman, P. J.

(after stating the facts as above). First. Counsel requested the court to instruct the jury as to the objects and purposes for which they might consider the question of character evidence introduced by appellant, which was refused by the court. The refusal of the court to give this instruction was not error. A general instruction upon the subject of character was given by the court. . This was all that should have been given on that question. While it is true that several witnesses testified that previous to the commission of this offense the appellant had the reputation of being a quiet,…

Also in this document: Concurrence.

2Cases cited36 opinions

  1. People v. . SullivanNew York Court of Appeals · 1903
  2. State v. MeyersSupreme Court of Missouri · 1889
  3. People v. CroninCalifornia Supreme Court · 1867
  4. The People v. . ConroyNew York Court of Appeals · 1884
  5. Burrell v. StateTexas Supreme Court · 1857

31 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. State v. CapaciSupreme Court of Louisiana · 1934
  3. State v. RoselliSupreme Court of Kansas · 1921
  4. Nail v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. Burns v. StateCourt of Criminal Appeals of Oklahoma · 1913

52 more not listed; retrieve them via the Exa API.

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